STATE v. GARNICA

No. 19085-4-III.

20 P.3d 1069 (2001)

105 Wash.App. 762

STATE of Washington, Respondent, v. Marco Perez GARNICA aka Marco Anthony Perez Garnica, Appellant.

Court of Appeals of Washington, Division 3, Panel Five.

April 10, 2001.


Attorney(s) appearing for the Case

Robert E. Schiffner, Moses Lake, for Appellant.

John D. Knodell, III, Ephrata, for Respondent.


BROWN, J.

After Marco Garnica pleaded guilty to two counts of third degree rape, the sentencing court, citing five aggravating factors including domestic violence, gave consecutive sentences despite deciding the crimes comprised the same criminal conduct. Mr. Garnica appealed his exceptional sentence. We decide as an issue of first impression that a minor nonresident sister-in-law is not a "family member" for exceptional...

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